What Happens if a Tenant Damages my Property? Northern Virginia Landlord Help

Property damage is something people are often worried about, especially if they are renting out a home for the first time, or managing on their own. Perhaps after a tenant moves out, you do an inspection and you discover damage that was left behind. If this is your first time dealing with it, we can help you.

When a Tenant Damages Rental Property

Hopefully, you have collected a deposit from the tenant. If so, your primary recourse is to deduct money from the security deposit that you’re holding. Separate out what is actual damage that was caused by the tenant from normal wear and tear. The law allows you to deduct for damage but not normal wear and tear.

Damage to Rental Property by Tenant: Documentation

You’ll need to document that the damage was caused by your tenant. The first thing a tenant will claim is: “it looked like that when I moved in!” Hopefully, you did an inspection at the beginning of the lease, and documented that the home was in good condition when it was handed over to the tenants. Hopefully, you took good photos in addition to your walk through inspection report. You want to be able to make the appropriate deductions from the security deposit. Document the condition at the time of move-out with an inspection as well.

Property Damage Caused by Tenant: Security Deposit

You need to release the security deposit no more than 45 days after the end of the lease. You’re required to send the tenant a written itemization of all the deductions you made from their security deposit. You have to be fair to the tenant, and you may have to do proration on things. For example, carpet doesn’t last forever. If the carpet had been there for five or six years before the tenant moved in and you decide to replace it with brand new carpet after they move out, the tenant doesn’t have to pay for the full price of new carpet. They just need to pay for the remaining useful life of the carpet.

If a tenant damages the property, follow the law and be fair. Collect what you’re allowed under the law, and make sure it’s properly documented. If the tenant disagrees with what you’re giving back, they can dispute the amount in small claims court. You’d rather not go through the courts, because it requires a lot of time, energy, and expense.